Dill v. Pope
Supreme Court of Kansas
Error from, Sedgwick District Court. Action brought before a justice of the peace by Dill against Pope, to recover $250 with interest from April 15, 1880, being a balan ce,claimed to be due upon the sale of certain mining properties, to wit: A one-twelfth interest in. the “ Paywell mine,” and “Paywell No. 2,” in Custer county, Colorado.
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Error from, Sedgwick District Court. Action brought before a justice of the peace by Dill against Pope, to recover $250 with interest from April 15, 1880, being a balan ce,claimed to be due upon the sale of certain mining properties, to wit: A one-twelfth interest in. the “ Paywell mine,” and “Paywell No. 2,” in Custer county, Colorado. The defendant filed a bill of particulars demanding judgment for $250 on account of money loaned plaintiff, and for rent of a certain building owned by the defendant and occupied by the plaintiff as and for a saloon. The case was appealed to the district…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action in the district court of Sedgwick county, to recover a balance claimed to be due upon ,the sale of certain mining properties. The undisputed facts are, that plaintiff sold to defendant a one-twelfth interest in two mines in Colorado for $1,000, one-half of which was paid down, and the balance, according to the plaintiff, to be *290paid when the defendant made it out of the property sold to-him, and according to the defendant, not until it was realized out of mineral taken out of the mining property sold. Without ever having…
2Cited by26 opinions
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- Clay v. Hildebrand Bros.Supreme Court of Kansas · 1886
- Wallerius v. HareSupreme Court of Kansas · 1965
- Marvin v. RogersCourt of Appeals of Texas · 1909
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